Legal

TEKKWI INC

TERMS AND CONDITIONS

Effective: March 20, 2019

1.       Contractual Relationship

These terms of use (“Terms”) are a legally binding agreement which govern the access of use by you, an individual, solely from within the country of Jamaica, West Indies (excluding any other country in the world and its territories and possessions) of websites, applications, products, content and services (the “Services”) made available by Tekkwi Inc., a company with its registered office at 10300 49th St North, Clearwater, FL 33672 Registration number P19000025446.(“Tekkwi”)

IT IS IMPORTANT THAT YOU READ THESE TERMS CAREFULLY BEFORE USING OR ACCESSING THE SERVICES.

Your use in addition to your access of the Services establishes your agreement to be bound by these Terms, which constitutes a contractual agreement between you and Tekkwi. If you, or any parties that are associated with you, do not agree to these Terms, you may not use or access the Services. These Terms expressly usurp prior arrangements or agreements with you.  Tekkwi has the right, at any time, to terminate these Terms or any Services with respect to you, or generally refrain offering or revoke access to the Services or any portion of it, at our discretion for any reason.

Tekkwi may revise the Terms connected to the Services from time to time.  Amendments are effective any time upon Tekkwi’s posting of such revised Terms at this location or supplemental terms on the applicable Service or the amended policies. Your continued use or access of the Services beyond such posting constitutes your consent to be bound by the Terms, as amended.

Supplemental terms may apply to certain Services, such as activity or promotions, policies for select events and such supplemental terms shall be disclosed to you in relation with the applicable Services.  Supplemental terms are in addition to, and will be deemed a part of, the Terms for the purposes of the applicable Services.  Supplemental terms will prevail over these Terms in the event of a conflict with respect to the applicable Services.

Our collection and use of personal information in connection with the Services is as provided in Tekkwi’s Privacy Policy located at https://www.tekkwi.com/privacy.  Tekkwi may provide to a claim’s processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute, or conflict, which may include an accident, involving you and a Third-Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.

 

2.       The Services

We aim to update the Services regularly and may change the content at any time.  If deemed necessary, we may suspend access to the Services, or close them indefinitely.  Any of the material on the Services may be out of date at any given time, and we are under no obligation to revise such material.

The Services constitute a technology platform the allows users of Tekkwi’s websites or mobile applications provided s part of the Services (each, an “Application”) to schedule and arrange transportation and/or logistics services with independent third-party providers of such services, including independent third-party transportation providers and independent third-party logistics providers under the agreement with Tekkwi or certain of Tekkwi’s affiliates (“Third Party Providers”). Any decision by you, or any parties that are associated with you, make use of, or accept the Services is a decision made in such person’s sole discretion. Unless otherwise agreed by Tekkwi in a separate written agreement with you, the Services are made available solely for personal, noncommercial use.  YOU AGREE THAT TEKKWI DOES NOT PROVIDE TRANSPORTATION OR LOGISTIC SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY TEKKWI OR ANY OF ITS AFFILIATES.

Restrictions.

You may not: (i) distribute, license, reproduce, modify, prepare derivative works based upon, sell, lease, publicly display, resell, transfer, publicly perform, stream, transit, broadcast or otherwise exploit the Services except as expressly permitted by Tekkwi; (ii) remove any copyright, trademark or other proprietary notices from any portion of the Services; (iii) reverse, decompile, engineer or disassemble the Services except as may be allowed by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

License.

Subject to your compliance with these Terms, Tekkwi grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use of the Applications on our personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use.  Any rights not expressly granted herein are reserved by Tekkwi and Tekkwi’s licensors.

Provision of the Services

You acknowledge that portions of the Services may be made available under Tekkwi’s various brands or request options, including transportation request brands or the logistic requests brands.

You also acknowledge that the Services may be made available under such brands or requests options by or in connection with: (i) certain Affiliates; or (ii) independent third-party contractors, including transportation network company drivers or holders of similar transportation permits, authorizations, or licenses.

You will not, in your use of the Services, cause nuisance, inconvenience, annoyance, or property damage, whether to the Third-Party Provider or any other party.  In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use the Services if you refuse to provide proof of identity. 

It is your discretion which brands or request options are made available to you.

Third-Party Services and Content

The Services may be made available or accessed in connection with third party services and content (including advertising) that Tekkwi does not control.  You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Tekkwi does not endorse such third-party services and content and in no event will Tekkwi be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.

Ownership

The Services and all rights therein are and shall remain Tekkwi’s property or the property of Tekkwi’s licensors.  Neither these Terms nor your use of the Services convey or grant you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Tekkwi company names, logos, product or service names, trademarks, or service marks or those of Tekkwi licensors.

3.       Your Use of the Services

User Accounts

To use most aspects of the Services, you must register for and maintain an active personal User account (“Account”).  You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account.  Account registration requires you to submit to Tekkwi certain personal information, such as your name, address, mobile phone number, gender, and age, as well as at least one valid payment method (either a credit card or accepted payment partner).  You agree to maintain accurate, complete, and up-to-date information in your Account.  Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to request access to your personal information or to opt in or out of marketing preferences, or Tekkwi’s termination of the Service with you.

User Requirements and Conduct.

The Service is not available for use by persons under the age of 18.  You may not authorize a third-party to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you.  You may not assign or otherwise transfer your Account to any other person or entity.  You agree to comp with all applicable laws when using, and the Services, and you may only use the Services for lawful purposes (ex. No transport of unlawful or hazardous materials).  You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party.  On certain occasions you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

Promotional Codes.

Tekkwi may, at Tekkwi’s sole discretion, create promotional codes that can be redeemed for an Account credit, or other benefits or features in connection to the Services and/or a Third-Party Provider’s services, subject to any additional terms that Tekkwi creates on a per promotion code basis (“Promo Codes”).  You agree that Promo Codes:  (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Tekkwi; (iii) may be disabled by Tekkwi at any time for any reason without liability to Tekkwi; (iv) may only be pursuant to the specific terms that Tekkwi establishes for such Promo Code; (v) are not valid or redeemable for cash; and (vi) may expire prior to your use.  Tekkwi reserves the right to withhold or deduct credits or other benefits or features obtained using Promo Codes by you or any other user in the event that Tekkwi determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms of these Terms.

Text Message

By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services.  You may opt-out of receiving text (SMS) messages from Tekkwi at any time.  You agree that option out of receiving text (SMS) messages may impact your use of the Services.

User Provided Content.

Tekkwi may, in Tekkwi’s sole discretion, allow you occasionally to submit, upload, publish or otherwise make available to Tekkwi through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Tekkwi, you allow Tekkwi a worldwide, perpetual, transferrable, irrevocable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Tekkwi’s business and on third-party sites and services) without further notice or permission from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Tekkwi the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Tekkwi’s use of the User Content as permitted herein will misappropriate, infringe or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Tekkwi in its sole discretion, whether or not such material may be protected by law.  Tekkwi may, but shall not be obligated to, monitor, review or remove User Content, at Tekkwi’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services.  Our mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you will be responsible for such rates and fees.  You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto.  Tekkwi does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices.  In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4.       Payment

You understand that the use of the Services can result in charges to you for the goods or services you receive from a Third-Party Provider (“Charges”).  After you have received services or goods obtained through your use of the Service, Tekkwi will facilitate your payment of the applicable Charges on behalf of the Third-Party Provider as such Third-Party Provider’s limited payment collection agent.  Payment of the Charges in such manner will be considered the same as payment made directly by you to the Third Part Provider.  Charges will be inclusive of applicable taxes where required by law.  Charges paid by you are non-refundable and final, unless otherwise permitted by Tekkwi.  You retain the right to request lower Charges from a Third-Party Provider for services or goods received by us from our Third-Party Provider at the time you received by you from such Third-Party Provider at the time you receive such services or goods.  Tekkwi shall respond accordingly to any request from a Third-Party Provider to modify the Charges for a particular good or service.

All Charges are due immediately and payment shall be facilitated by Tekkwi using the preferred method designated in your Account, after which Tekkwi will send you a receipt by email.  If your primary Account payment method is determined or expired, invalid or otherwise not able to be charged, you agree that Tekkwi may, as the Third-Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.

As between you and Tekkwi, Tekkwi reserves the right to remove, establish and/or revise Charges for any or all goods or services obtained through the use of theServices at any time in Tekkwi’s sole discretion.  Further, you understand and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand.  Tekkwi will use reasonable efforts to let you know of Charges that may apply, provided that you will be responsible for the Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.  Tekkwi may occasionally provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar goods or services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, will have no bearing on your use of the Services or the Charges applied to you.  You can elect to cancel your request for goods or services from a Third-Party Provider at any time prior to such Third-Party Provider’s arrival, in which case you can be charged a cancellation fee.

Repair or Cleaning Fee

You will be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”).  In the event that a Third-Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Tekkwi in Tekkwi’s reasonable discretion, Tekkwi reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third-Party Provider using your payment method designated in your Account.  Such amounts will be transferred by Tekkwi to the applicable Third-Party Provider and are non-refundable.

5.       Disclaimers; Limitations of Liability; Indemnity.

DISCLAIMER.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”  TEKKWI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  ALSO, TEKKWI MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, SUITABILITY, QUALITY OR AVAILABLITY OF THE SERVICES, OR THAT THE SERVICES WILL BE UNITERRUPTED OR ERROR-FREE.  TEKKWI DOES NOT GUARANTEE THE QUALITY, SUITABILITY, ABILITY OR SAFETY OR THIRD-PARTY PROVIDERS.  YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

TEKKWI WILL NOT, BY ANY MEANS, BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEXPLARY, PUNTIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF TEKKWI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.  TEKKWI WILL NOTBE LIABLE FOR ANY DAMAGES LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO USE OR ACCESS THE SERVICES; OR (ii) ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF TEKKWI HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.  TEKKWI WILL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TEKKWI’S REASONABLE CONTROL.  YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER PEER-TO-PEER OR RIDESHARING TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.  IN NO EVENT WILL TEKKWI’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED DOLLARS ($500 USD).

TEKKWI SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT TEKKWI HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YO BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indeminity

You agree to indemnify and hold Tekkwi and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Tekkwi’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

6.       Governing Law

Unless otherwise set forth in these Terms, these Terms will be exclusively governed by and construed with the laws of the State of Florida, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Floridians to assert claims under Florida law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of Florida law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions will not be interpreted as generally extending Florida law to you if you do not otherwise reside in Florida. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes.

 

7.          Dispute Resolution

Arbitration.

You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Tekkwi Platform or Services (collectively, “Disputes”) will be settled by binding arbitration between you and any relevant Affiliate in your jurisdiction, or between you and Tekkwi Inc. if no other Affiliate is incorporated in your jurisdiction, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Tekkwi are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and the relevant Affiliate otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement. This “Dispute Resolution” section applies to all Disputes (as defined below) between you and Careem and/or any of its Affiliates.

Arbitration Process and Rules.

Any dispute, claim, conflict, or controversy arising out of or broadly in connection with or relating to the Tekkwi Platform or this Agreement, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the Federal Arbitration Act(“FAA”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such FAA Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the Federal Arbitration Act. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the FAA. The place of both mediation and arbitration shall be in the city in which the applicable Affiliate with which you have a Dispute has its registered office. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

Claims of Copyright Infringement.

Claims of copyright infringement should be sent to Tekkwi’s designated agent. Please visit Tekkwi’s web page at www.tekkwi.com/contact for the designated address and additional information.

Notice.

Tekkwi can give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice will be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Tekkwi, with such notice deemed given when received by Tekkwi, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o Tekkwi, Inc.

General.

You may not assign these Terms without Tekkwi’s prior written approval. Tekkwi may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Tekkwi’s equity, business, or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Tekkwi or any Third-Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be fully enforced under law. Tekkwi’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Tekkwi in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.